MADISON — The Madison City Council has voted down an ordinance that would allow the operation of medical cannabis dispensaries within the city limits. Council members voted 4-2 against the ordinance Monday night. The council heard a first reading of a proposed ordinance last week.
But in Tuscumbia, the City Council voted 4-1 Monday to allow dispensaries. Mayor William Foster said the dispensaries would be a tax-revenue source for the city.
In 2021, Gov. Kay Ivey signed the legislation to permit the medicinal use of cannabis in the state.
In a discussion before the vote in Madison, Councilman Teddy Powell said he was concerned about the lack of regulation of the sales.
“It’s a cash business, you can’t regulate it,” Powell said. “We as a city will not be able to verify it.”
Under federal law, the use of marijuana is illegal for any reason, which means electronic bank cash transfers are prohibited. The Controlled Substances Act (CSA) of 1970 states marijuana has “no currently accepted medical use and a high potential for abuse”.
Councilman Gregg Shaw recognized the medical needs however, after consulting with Police Chief Johnny Gandy, Shaw said he did not receive a very positive response.
“I’m glad if people need this medication, they can go to Huntsville, Athens, Decatur, several other towns around and be able to get it,” said Shaw. “We’re not saying you can’t use it in Madison, but I would rather not have that building here.”
Gandy also addressed the council. He said, in speaking with police chiefs of similar size cities, they reported the main issues to be traffic and people loitering in parking lots that had caused nearby businesses to close.
“It was more of a quality of life issue than a crime increase,” the police chief told the meeting.
Gandy also referred to the problems with the cash-only nature of the business. He said the Athens police chief is preparing security to escort clinic staff to the bank.
“I really don’t have the staff to do something like that,” Gandy told the city council.
City Attorney Brian Kilgore said 37 cities, and six counties in Alabama have approved ordinances allowing medical cannabis dispensaries. In addition to Athens, Huntsville, Decatur, Priceville, Florence, Scottsboro, Owens Cross Roads and Cullman have approved the facilities within their city limits.
Last week, Huntsville passed a zoning amendment to keep potential medical cannabis dispensaries within the medical district of the city. The amendment effectively allows the dispensaries to be located on a strip of Governors Drive.
Madison Council President Ranae Bartlett, who voted against the motion, said there’s too much unknown to rush into a decision like this.
“There are enough areas of access that our residents could seek the help they need,” said Bartlett. “I weigh our police chief’s opinion quite heavily and when he recommends to us to exercise caution to see how this plays out in surrounding areas, I consider that very heavily.”
Councilmembers Bartlett, Shaw, Powell and Karen Denzine voted against the measure; Councilwomen Connie Spears and Maura Wroblewski voted for the ordinance. Spears and Wrobleski both spoke in favor of providing secure, regulated, and protected treatment options for those in need.
“If there is one person that we can ease their pain and suffering, why would we not want to do that?” asked Wrobleski.
According to the Alabama Medical Cannabis Commission (AMCC), marijuana products that can be smoked or vaped will not allowed under state law. Raw plant material and food products such as cookies or candies are also not allowed.
The products that can be sold from medical cannabis dispensaries are tablets, capsules, tinctures, gels or cream for topical use, suppositories, transdermal patches, nebulizers and liquids or oils for use in an inhaler. The AMCC lists 14 conditions that qualify for medical cannabis treatment under Alabama law.
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